SAN FRANCISCO, (Reuters) – A federal judge yesterday struck down a California ban on same-sex marriages as unconstitutional, handing a key victory to gay rights advocates in a politically charged decision almost certain to reach the U.S. Supreme Court. But U.S. District Court Chief Judge Vaughn Walker ordered the voter-approved ban, known as Proposition 8, to remain in place at least temporarily until he decides a request by supporters of the ban to keep it intact while the case moves to a higher court.
Although the result leaves gay men and lesbian couples unable to marry for now, Walker said Prop 8 opponents “demonstrated by overwhelming evidence” that it violates due process and equal-protection rights under the U.S. Constitution. “Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license,” Walker wrote in the conclusion of the 136-page opinion.
Outside the federal courthouse in San Francisco, a cheer went up among a group of about 70 same-sex marriage supporters carrying small U.S. flags, as a large rainbow-striped flag — the symbol of the gay rights movement — waved overhead.
California Governor Arnold Schwarzenegger, who has said he personally supports gay marriage but would abide by the will of voters and the courts, said the decision “affirms the full protections and safeguards I believe everyone deserves.”
The highly anticipated ruling marked a major turning point in a social debate that has sharply divided the American public and its political establishment.
Gay rights advocates and civil libertarians have cast the legal battle as a fight for equal rights, while opponents, including many religious conservatives, see same-sex marriage as a threat to the traditional family.